Annulment in Georgia
There are many people who meet a divorce attorney thinking that they are ready for a divorce. The divorce lawyers can give them many options with regard to leading separate lives other than getting divorce. These include legal separation and annulment of marriage. Divorce terminates a marriage and the couple can go separate ways. To find out if an annulment is possible or recommened in your situation, call a seasonsed Columbus divorce attorney.
Legal separation keeps the couple married but they lead different lives. Annulment considers the marriage to be void and non existent and couple regain their single status. Annulment is approached mostly due to religious sentiments that do not allow a divorce. But annulment has a very serious legal side to it.
Approval of Annulment
Annulment undoes a marriage and is suggested by divorce attorneys under following situations:
Your marriage was not according to law; you and your spouse are blood relatives. Thus you and your spouse are related as uncle and niece, grandparent and grandchild, aunt and nephew, parent and stepchild, parent and child etc. The eligibility for a legal marriage is under regulation of state law and hence varies in different jurisdictions.
At the time of marriage, one of the spouses was not in proper mental capacity to have taken the decision to enter a marriage contract. The spouse could have been incapacitated due to temporary or permanent intoxication or mental disability.
At the time of marriage one of the spouses was below the legal marriageable age. Parental and legal consent is necessary for marriage of anybody below the age of 16 years. If it is found that proper legal requirements were not furnished, marriage can be annulled.
You and your spouse got married due to force, threat or duress.
Marriage took place on fraudulent grounds. This could be concealment of facts like permanent impotence, sterility, infection with sexually transmitted disease and criminal history.
If your spouse was already married at the time you got married to him, your marriage would qualify for annulment. In many states such a marriage is considered as void and hence even annulment would not be required. You just need to pack and walk away.
If one of the spouses conceals the fact of divorce within a month of your marriage, some states allow legal annulment.
Annulment is allowed even if you have been married for a very long time. If you are seeking annulment based on deception, spouses should not be maintaining a relationship of man and wife after learning of the deception. Where children are involved, things get more difficult. Most states do not grant annulment of marriages if married couple has children. A competent attorney with experience in handling such issues might be able to make a difference.